BROWN v. COM.


575 S.W.2d 451 (1978)

Wallace Lee BROWN, Movant, v. COMMONWEALTH of Kentucky, Respondent.

Supreme Court of Kentucky.

Rehearing Denied January 16, 1979.


Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, William M. Radigan, Asst. Public Defender, Frankfort, for movant.

Robert F. Stephens, Atty. Gen., Martin Glazer, Asst. Atty. Gen., Frankfort, for respondent.


LUKOWSKY, Justice.

Brown was convicted of first-degree manslaughter in the Lincoln Circuit Court and sentenced to imprisonment for eighteen years. The trial judge instructed on murder (KRS 507.020(1)(a) and (b)), first-degree manslaughter (KRS 507.030(1)(a) and (b)), second-degree manslaughter (KRS 507.040(1)) and reckless homicide (KRS 507.050(1)), and refused to instruct on the defense of voluntary intoxication. The Court of Appeals affirmed on the ground that ...

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